DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Laminex Group Pty Ltd T/A Laminex
(AG2018/6522)

LAMINEX MELBOURNE DISTRIBUTION CENTRE AGREEMENT 2018

Timber and paper products industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 FEBRUARY 2019

Application for approval of the Laminex Melbourne Distribution Centre Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Laminex Melbourne Distribution Centre Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Laminex Group Pty Ltd T/A Laminex. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Maritime, Mining and Energy Union and the Transport Workers’ Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 14 February 2019 and, in accordance with s.54, will operate from 21 February 2019. The nominal expiry date of the Agreement is 22 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Laminex Group Pty Ltd, trading as Laminex, applied to the Fair Work Commission for approval of the Laminex Melbourne Distribution Centre Agreement 2018. The applicant sought to have the agreement registered as a single-enterprise registered agreement. The dispute arose from negotiations between the employer and its employees regarding the terms and conditions of employment.

The central legal issue before the Commission was whether the agreement met the statutory requirements for registration as a single-enterprise registered agreement. This involved examining whether the agreement complied with the procedural requirements under the Fair Work Act 2009, including whether it was made in good faith and whether it had been appropriately balloted. The Commission had to determine if the agreement was genuinely negotiated and reflected the views of the employees, and if the process leading to the agreement was fair and transparent.

The Fair Work Commission found that the agreement was appropriately negotiated and reflected the views of the employees. The Commission determined that the process was conducted in good faith and the agreement was genuinely made without any improper influence or coercion. The Commission was satisfied that the ballot process was fair and that the majority of employees who participated in the ballot voted in favour of the agreement. Consequently, the Commission approved the Laminex Melbourne Distribution Centre Agreement 2018 as a single-enterprise registered agreement.

The Fair Work Commission approved the Laminex Melbourne Distribution Centre Agreement 2018 as a single-enterprise registered agreement, effective from the date of the Commission's decision. The Commission's approval ensures that the agreement now forms part of the industrial instruments under the Fair Work Act, governing the employment terms and conditions of the employees at the Melbourne Distribution Centre.

The Laminex Group Pty Ltd T/A Laminex

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established